S A RASHEED Vs. R K KAMALAKARAN

JUDGEMENT

(1.) A.S.Nos.727 of 1999, 699 of 1999 and 31 of 2000 have been filed by (i) the defendant No.13, (ii) the defendant No.11 and (iii) the defendant Nos.4 to 9 and 12 respectively, as against the judgment and decree dated 08.03.1999 in O.S.No.610 of 1987 on the file of the I Additional Subordinate Court, Madurai.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) THE defendants 4 to 6 filed the written statement almost reiterating contentions of the third defendant relating to non-maintainability of the suit; however, they would also contend that the item No.3 was purchased by them under two registered sale deeds dated 15.09.1980 in Ex.B.8 and B.9, for valid consideration from K.R.Dhanalakshmi Ammal and K.R.Ramdoss. THEreafter, it was demolished and a new building erected in its place. In fact, the item No.3 was purchased by the vendors of D.4 to D.6 who earlier purchased it in a Court auction sale held on 25.02.1963 and confirmed on 10.04.1963 in O.S.E.P.No.155 of 1962 in O.S.No.7 of 1962, on the file of the Sub Court, Madurai and had taken physical delivery of the same in O.S.E.A.No.496 of 1963. Accordingly, they prayed for the dismissal of the suit.